Cca Requests Updates Please

pebbles88

ah ha, here is the one i would send to DCA.

FORMAL NOTICE - ACCOUNT IN DISPUTE

Dear Sir or Madam,
Reference Number: ...........

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with ................... and has been since DATE.When .................failed to provide a true copy CCA within the
sTATUTORY 12+2 DAYS.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

As ...............are now in default of my Consumer Credit Act request and OFT Debt Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.
As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.
Consequentially any legal action you pursue will not only be fully and vigorously defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.
Now I would respectfully suggest that this account is returned to ........... for resolution of these defaults and breaches, as **New DCA/Solicitors** cannot lawfully pursue any enforcement activities.
If ................................chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.
After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines
I hope that this will not be necessary and an acceptable solution can be accomplished.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.
Yours faithfully

pebbles88

great,

h crap, following on from their 3rd party visit this monday have just offset the cheque i got from selling a mobile thats cleared and sent it to my cc account.

so quite how i pay for my car repairs now is beyond me!! they gave no warning or nothing. Im so angry i could cry!!

blueforyou

aaxsabian wrote: »

thanks for that blueforyou, have you had dealings with mbna ??

Yes. Its not the largest of debts, but the principle of them having to supply documents still holds. Have you heard anything yet?

I overheard a comment in the Post Office regarding this lot. It appears that Royal mail have had problems actually delivering to the "Chester business park" address...

rog2

pebbles88 wrote: »

h crap, following on from their 3rd party visit this monday have just offset the cheque i got from selling a mobile thats cleared and sent it to my cc account.

Disgusting behaviour by h cap - unfortunately though, peb, they are legally entitled to do this.

It is always good advice for anyone who is dealing with debts, were their Bank is a creditor, to open a basic account at another non-affiliated bank. That way you can treat your o/d at 'h crap', and cc debt, in the same way as all your debts.

blueforyou

rog2 wrote: »

MBNA can 'deny having received the cca request' as much as they like. Provided that the debtor can prove that they have received it, then the clock starts counting from that date.
It is not the debtor's fault if MBNA's internal systems are disorganised - indeed, MBNA have a 'duty of care' to ensure that they can work within the framework of legislation.
Personally, I think that they find it 'more convenient' to state that they have not received communications when those communications do not suit them.

Hello Rog2.

How substantial is the fact that I have proof of delivery to MBNA on a certain date?. If proof of delivery is solid evidence, then I have been in dispute with them since 1st April. They have confiormed reciept of the faxed copies sent, so IF that date is accepted instead, then I'm in dispute from 12th June!

This is actually a bit sad, as THEY HAVE OFFERED ME A GREAT SETTLEMENT FIGURE!. They just need some lessons on internal administration like you say.

blueforyou

pebbles88 wrote: »

great,

h crap, following on from their 3rd party visit this monday have just offset the cheque i got from selling a mobile thats cleared and sent it to my cc account.

so quite how i pay for my car repairs now is beyond me!! they gave no warning or nothing. Im so angry i could cry!!

Hello Pebbles.

Sorry to hear what they have done to you. Please take some comfort that today all over the country, these organisations are doing the same to thousands of others. Those that work for these places are just as culpable, and I make no distinction between them and the organisations they work for.

I'm in similar straights with a debt today - BUT I absolutely refuse to let them bring me down.

I'd like to have one of these individuals post here and try to defend themselves. However, they lack the courage to face up to to the truth.

rog2

blueforyou wrote: »

Hello Rog2.

How substantial is the fact that I have proof of delivery to MBNA on a certain date?. If proof of delivery is solid evidence, then I have been in dispute with them since 1st April. They have confiormed reciept of the faxed copies sent, so IF that date is accepted instead, then I'm in dispute from 12th June!

This is actually a bit sad, as THEY HAVE OFFERED ME A GREAT SETTLEMENT FIGURE!. They just need some lessons on internal administration like you say.

It's substantial enough for the Courts, bfy.

Please be very wary of any 'SETTLEMENT OFFER' that MBNA might make - they did the same to me.

BEFORE making any payment against such an offer you should ensure that the offer will e accepted in "Full and Final Settlement" of the account. 'SETTLEMENT' is not sufficient:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers

blueforyou

rog2 wrote: »

It's substantial enough for the Courts, bfy.

Please be very wary of any 'SETTLEMENT OFFER' that MBNA might make - they did the same to me.

BEFORE making any payment against such an offer you should ensure that the offer will e accepted in "Full and Final Settlement" of the account. 'SETTLEMENT' is not sufficient:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers

Thanks Rog. Yes, I wrote back and said I'd onlt accept on a full & final basis, and , of course, in writing!

pebbles88

rog2 wrote: »

Disgusting behaviour by h cap - unfortunately though, peb, they are legally entitled to do this.

It is always good advice for anyone who is dealing with debts, were their Bank is a creditor, to open a basic account at another non-affiliated bank. That way you can treat your o/d at 'h crap', and cc debt, in the same way as all your debts.

Hiya, I know. i have an account with another bank now, i just paid the cheque in h crap to move over soon as it was cleared. thankfully we already o/D on joint account so that cant use that! Its my own stupid fault i know, i am just really shocked how within 7 days they have really turned on me when they had accepted what i was paying etc. :mad:

blueforyou wrote: »

Hello Pebbles.

Sorry to hear what they have done to you. Please take some comfort that today all over the country, these organisations are doing the same to thousands of others. Those that work for these places are just as culpable, and I make no distinction between them and the organisations they work for.

I'm in similar straights with a debt today - BUT I absolutely refuse to let them bring me down.

I'd like to have one of these individuals post here and try to defend themselves. However, they lack the courage to face up to to the truth.

Thank you. Im sorry to hear of you having a bad day too. they seem to come altogether dont they!

I agree also with the individuals comment. given from what I have heard on here that they are like when they call you, they must go through strict training to remove any human emotions!

today will be a better day!

MS_Dolphin

3 calls before 10am this morning.

MBNA called playing good cop. :rolleyes:

A couple of interesting bits from her - whether true or complete fibs?

She said that at 7 months of non payment they will issue a default and sell on the debt.

She also said only one claim has been successful against MBNA in court and that was for an error rather than breach of the act. I'd be interesting to know if this is true or not. If it is then its not great news, but I guess she forgot all those that settled before court where they would have lost.
If it is not true then it means those nice people at MBNA tell lies.